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Home My WebLink AboutORD 1274ORD 1274ÛyÁ åw @äÚyÿŠuèô ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 110.21, 153.040 AND 153.111 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TEMPORARY USES, TEMPORARY CANOPIES, AND PUBLIC TELEPHONES CASE NO.: AZC- 152b; APPLICANT: CITY OF BALDWIN PARK) WHEREAS, the City of Baldwin Park desires to further enhance its residents' quality of life by increasing its control relating to outdoor displays, temporary canopies and public payphones in order to reduce hazards for both vehicles and pedestrians; and WHEREAS, without these controls, such items could create a visually blighting atmosphere; and WHEREAS, the City Council hereby finds and determines: a) That the proposed changes provide for the protection of health, safety and welfare of the residents of Baldwin Park; and b) That the proposed changes are not detrimental to the properties within the City; and c) That the proposed changes are consistent with the provisions of the General Plan; and d) That the City Council conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the various sections of the Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAINS AS FOLLOWS: Section 1. Paragraph 1) of Subsection B) of Section 110.21 of the Baldwin Park Municipal Code is hereby amended to read as follows: 1) Duration. The maximum duration for temporary use permits issued for activities enumerated in Subsection A) of this Section shall be as follows: a) for uses listed in divisions 1), 2), 3), 5) and 7), four consecutive calendar days; b) for uses listed in division 6), 30 consecutive ORD 1274ÛyÁ åw @äÚyÿŠuèô Ordinance 1274 Page 2 calendar days; c) for uses listed in division 4), up to one calendar week, but not more than four nonconsecutive calendar weeks per year. Section 2. Paragraph 3) of Subsection B) of Section 110.21 of the Baldwin Park Municipal Code is hereby amended to read as follows: 3) Standards. Temporary outdoor exhibits of equipment, goods or merchandise shall meet the following minimum standards and permit requirements: a) Displays shall not impede pedestrian or vehicular access. b) Displays located within the public right-of-way shall maintain a minimum four foot unobstructed access way for safety purposes. c) Displays shall be located solely along the storefront of the business requesting such display. d) Applications shall be submitted two weeks prior to the proposed display period. All Applications shall be subject to Planning Division and Engineering Division approval. Section 3. Subsection D) of Section 153.040 of the Baldwin Park Municipal Code is hereby amended to read as follows: D) Amortization Period. The amortization period for canopy structures within the view of the public right-of-way, located within any residential zone as enacted by Ordinance No. 1186 having expired, all such structures are subject to immediate abatement. In no event shall any such structure be permitted to remain. Should the city receive notice of a violation relating to any canopy structure, the property will be issued a notice to completely remove the canopy structure from the site within 72 hours of receiving the notice. Section 4. Subsection A) of Section 153.111 of the Baldwin Park Municipal Code is hereby amended to read as follows: A) Public coin-operated telephones, hereafter telephone," shall be permitted as accessory uses on lots classified in any of the C or I Zones, subject to the following limitations: ORD 1274ÛyÁ åw @äÚyÿŠuèô Ordinance 1274 Page 3 1) The area in which the telephone is located shall be fully lit, to provide adequate security lighting, as approved by the Police Chief. 2) The owner and/or person entitled to occupancy of the lot upon which a telephone is located shall be responsible to insure that the telephone is maintained at all times in good working order and condition. 3) Each telephone shall be maintained in an operative condition. Inoperative telephones shall be removed within 30 days after they become inoperative. 4) No telephone shall be located so that it projects into a public right-of-way or be located so that any person using the telephone is required to be in a public right-of-way. 5) The maximum number of telephones permitted on any lot shall be as follows: a) On lots having a lot area of 15,000 square feet or less, two telephones; b) On lots having a lot area of more than 15,000 square feet, but less than ten acres, three telephones; c) On lots having a lot area of ten acres or more, four telephones. 6) That one sign, not exceeding four square feet of sign face, shall be permitted to be located upon each lot where a telephone is located; and the purpose of such sign shall be to advise by words, letters or symbols the fact that a telephone is located on the premises. 7) Telephones and their supporting structures may not be located within any required setback, whether or not such setback is landscaped. 8) The telephone shall be located a minimum of ten feet away from each entrance and/or exit to a building or commercial unit. Section 5. The amortization period for telephones which do not comply with the standards set forth in divisions 1) through 6) of Subsection A) of Baldwin Park Municipal Code section 153.111 having expired, any telephone nonconforming to such standards shall be subject to immediate abatement. The addition of division 7) to said ORD 1274ÛyÁ åw @äÚyÿŠuèô Ordinance 1274 Page 4 subsection is declarative of existing law, and any telephone nonconforming to such standard shall be subject to immediate abatement. All telephones which are not in compliance with the requirements of division 8) of said subsection shall be removed or relocated within 180 days after the effective date of this ordinance. Section 6. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law. Section 7. Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable, and if, for any reason, any sentence, paragraph or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. APPROVED AND ADOPTED this on this 21St day f September, 2005. AN0 ENO MAY ORD 1274ÛyÁ åw @äÚyÿŠuèô Ordinance 1274 Page 5 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1274 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on September 7, 2005. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on September 21, 2005 by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 41, ROSEMARY M. RA Z, CMC CHIEF DEPUTY CITY CLERK BIB] 38657-U01 ORD-U02 1274-U02 LI2-U03 FO8535-U03 FO62476-U03 DO75135-U03 C5-U03 ORDINANCES-U03 10/19/2005-U04 ROBIN-U04